1. Draft Of The Proposed Dhan Vapsi Passbook Law
This draft has two parts:
- Part – I: General Instructions for Citizens,
- Part – II: Instructions for Citizens and Officers.
Comments are not the parts of this law. Citizens and offices can use the comments for guidance.
Part – I: General Instructions for All Citizens
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Every voter will receive a DhanVapsi Passbook within 30 days of the publication of this statute in the gazette.
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After this law is published in the gazette, 65% of the amount received from the mineral royalties, spectrum royalties and rents of land acquired by the central government will be distributed equally among the citizens of India, and every month this money will be deposited directly into your bank account. The remaining 35% will be used only to improve the military. When you receive the amount, its entry will be made in the DhanVapsi Passbook.
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This law does not make any promise that you will get Rs. 500 or Rs. 1000 or any fixed amount per month. If the market value of minerals/spectrum or land increases, then income and rent can increase. But if the rate of minerals and rent decrease, then the amount received by the citizens every month will also be reduced.
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The National Mineral Royalty Officer (NMRO) will have the necessary staff and authority to fix, collect mineral royalties and rent of government lands to deposit it into the bank accounts of all citizens. The Prime Minister will appoint the NMRO, but if you are not getting this money on time or for any other reason you want to change the existing NMRO by someone else, then you will be able to register your opinion by going to Patwari office with the DhanVapsi Passbook. You will also be able to give your opinion through SMS, ATM or mobile app.
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You can cancel your opinion on any day by going to the Patwari office, and you can give your opinion for any other candidate for the post of NMRO on any day. When you register yes to a candidate or cancel your previous yes, Patwari will make its entry in your DhanVapsi Passbook.
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After the passing of this law, if the NMRO or his staff commits any misappropriation, corruption or there comes a complaint against him or his staff in any other matter and if your name is in the voter list, then you can be called for jury duty. In jury duty, you will have to listen to the argument, see the evidence presented by the accused, the victim, the witnesses and the lawyers of both the sides and give the verdict/penalty or release.
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The NMRO will conduct open auction of all mines, spectrum, government land all over India. He will prepare the outline of the lands owned by the central government and will also decide the length of the lease on all these lands. But the NMRO will not have any rights over the water resources.
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The NMRO will collect royalties and rent every month from every person or company that will have mines, spectrum, government land, etc. on lease and deposit the collected amount in the bank accounts of all adult citizens of India every month. All citizens will get almost equal amount, but this amount may be less or more depending on the age of the person, his number of son or daughter, disability, etc. The distribution ratio is given in the following clauses.
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In some cases, citizens residing in a state may get an additional amount from the amount received from the mineral and land of their state, but this amount will not be more than twice the amount that all citizens of the country are receiving. And in areas that are bordered by enemy countries or citizens residing in remote areas can also get extra money from the amount to be distributed. But other than the above exceptions, all other citizens will get an equal share.
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This law will only apply to mines, spectrum and lands under the Central Government. But water resources under the Central Government will remain outside the purview of this law. This law will also not apply to the mines and lands under the authority of the state, municipalities, districts, tehsils, gram panchayats. The Chief Minister, the Mayor and the Sarpanch can implement the same law to distribute the minerals royalties and rent of lands owned by the government buildings of state/city/district/tehsil/village to the citizens of their state/city/district/tehsil/village, or they need not do that. This law will not be applicable to money made from water or distribution of water.
Part – II: Instructions for Officers and Citizens
(11) Declaration of ownership of citizens on national assets:
Citizens of India declare all the mines of the country, spectrum, all the IIM's land including IIM Ahmedabad, JNU's land, all UGC-funded universities and colleges not owned by private companies or the trusts are jointly and equally owned by Indian citizens. Henceforth this land is not the property of the State Government of India or the Central Government of India or any other government party or private party. All the officials of India, Prime Minister, High Court and Supreme Court Judges are requested not to accept any petition against the above decision of the citizens of India.
12. NMRO's jurisdiction over various pieces of land
(1) All the land blocks of the following ministries and departments will come under the jurisdiction of the National Mineral Officer:
- All universites and colleges funded by UGC, IIMs, JNU, etc. except the educatonal institutes of science, medicine, mathematcs, and engineering.
- All the building under the ownership of Airport, Air India, and Indian Airlines.
- Ministry of Culture and Tourism
- Ministry of Consumer Afairs Food and Public Distributon
- Ministry of Informaton Technology
- Ministry of Small Scale, Agro, and Rural Industries
- Ministry of Textles
- Ministry of Youth Affairs and Sports
- NITI Aayog
- Ministry of Information and Broadcasting
- Ministry of Human Resource Development
- Ministry of Rural Development
- Ministry of Social Justice and Empowerment
- Ministry of Urban Development and Poverty Alleviation
- National Human Rights Commission
(2) This law prohibits the sale of all mines and government land in the country.
(3) The National Mineral Royalty Officer shall have no authority over the pieces of land owned by private individuals, companies, trusts, state governments and city/district governments. The plots used by the army, courts, jails, railways, bus stations, government schools up to class 12 and tax collection offices will also be outside the jurisdiction of the Mineral Officer.
(4) All medical colleges, IITs, NITs, engineering colleges, IISc, science and mathematics colleges will be made part of the Ministry of Health or Ministry of Defense or Ministry of Science as per what the Prime Minister decides. The concerned minister will appoint the chairman for day to day operations in these colleges. All the colleges in which the teaching work of medical, science, mathematics and engineering are being done will not come under the jurisdiction of the Mineral Officer.
13. Collection of rent from Government of India owned plots
(1) For unused land – The mineral royalty officer shall, at his discretion, divide a piece of land into land-blocks of proper measure, and conduct an auction for each plot. The following conditions will be applied for auction:
- The lease will be for 5, 10, 15, 20 or 25 years. The mineral royalty officer will decide any of these periods. But the lease will not be more than 25 years.
- Bidders will make bids for the monthly rent and lease term which may be less than the maximum lease term. The format of the bid will be according to the monthly rent and lease month. One person can bid more than one. The minimum duration of the lease will be 12 months.
- The weight of lease will be decided by the formula = monthly rent ÷ log (monthly lease). That is, the higher the monthly rent, the higher the weight and the longer the lease, the lower the weight.
- Tenders will be fully transparent and public, and all tenders will be visible to all.
- The NMRO will give the plot according to the weight of the tenders as found by the formula given in (13.1.3).
- The mineral royalty officer will charge 6 months rent or similar amount as deposit.
- Any tenant shall be free to vacate the land on any day and to close the rent being paid in accordance with clause (13.1.2).
(2) During the lease time, NLRO will revise the rent every 3 years based on % change in the land prices in the 1sq km area around that plot and % change in prime lending interest rate from the day the plot was leased and the day when rent revision occurs.
(3) After the end of the lease period, the mineral royalty officer will conduct a new auction, in which the existing lease holder will get the following additional benefits:
- His tender weight will be multiplied from 1.1 to 1.5, depending on how many years he has paid the rent.
- After the auction is over, he can raise his bid within 3 months.
- The existing lease holder will get 20% to 50% of the 6 months’ advance rent new lease holder is paying depending on number of months he had held the land.
- But if the current lease holder misses the auction, then he can remove or sell his property from that land. But he must vacate this land.
(4) If the plot is held by an existing entity, the entity will get 25% plus (25% * lease in months /300), maximum of 50%, bonus in the bid i.e. its bid will be multiplied with 1.25 to 1.50, but no more.
(5) If the plot is currently being used and occupied, NLRO will take the mean land price in past 3 years of sale in 1 km area round the plot and decide the price of plot and set (market_price * prime_interest_rate/3) as yearly rent for next 10 years. The rents will be revised every 3 years. After 10 years, rules stated from 13.1 onwards of this section will apply.
(6) NLRO will give 35% of rent collected to Defense Minister for the purpose of strengthening Military and providing weapons and weapon-use education to all citizens.
14. Distribution of rent from the land and mineral royalties amongst the citizens
(1) The NLRO will dispatch 35% of the rent collected every month to the citizens residing in the State for past 10 years with limit of twice the amount received by citizens of India in last year. The NLRO will dispatch rest of rent collected every month to citizens of India.
(2) One year after this law-draft is passed, the rent a person obtains will change as follows:
- if has (0 sons), (0 son, 1 daughter), (0 sons, 2 daughters), it will be 33% more and will be 66% more after he is 60 years.
- if he has (1 son, 0 daughter), (1 son, 1 daughter), (1 sons, 2 daughters), it will be 15% more and will be 33% more after he is 60 years.
- if he has (2 sons, 0 daughter), (2 sons, 1 daughter), it will be same – no increase and no decrease.
- if he has (2 sons, 2 daughters) or (3 sons, 1 daughter), the rent will be 33% less.
- if he has more children than mentioned case (14.2.4), then he will get 66% less rent.
- Here, twins will count as one child, and adopted children will not count.
- The rent paid will be 33% higher for men above 60 and women above 55; and will be 66% higher for men above 75 and women above 70.
(3) No rent shall be paid to child below 7 years; the rent to citizens between 7 to 14 will be 1/3rd the normal and between 14 and 18 will be 2/3rd of the normal rent paid. The rent for children below 14 years will be given to the mother, unless a Jury has instructed NLRO to give it to father or other relative if mother has passed away.
(4) Further, if a Jury has found that husband with one or more child is uncaring, then Jury can instruct NLRO to give half the rent to be obtained by the father to the mother. In such case, NLRO will give half the rent to father and other half to the wife.
15. Collection of Mineral Royalties
(1) The NMRO will re-evaluate the lease price of all the working leased mining mines leased before and after 1947 at market rate to decide whether the royalty amount of such working mine should be increased or not. NMRO will also get income from all other mines of the country, crude oil wells etc. Mineral royalty and land rent received by the NMRO shall be distributed among the army, in the states and among the citizens of India in the same proportion as described in the sections relating to land rent distribution.
16. Disposal of complaints by the Mineral Royalty Officer and his Staff by a Jury
(1) The NMRO shall appoint a district jury administrator for each district, a state jury administrator for each state and a national jury administrator for India.
[ Comment : District, state and national jury administrators will be under the DhanVapsi passbook and using the "Vote Vapsi" section given in this passbook, the citizen can give his opinion to replace any of the above officers with another person. Its procedure is given in section 19 of this law. ]
(2) The District Jury Administrator will appoint a 30-member Grand Jury board from the district's voter list. Out of these, 10 members will retire every 10th day and 10 new members will be selected from the voter list by lottery. This Grand Jury board will continue to work. The Grand Jury member will get Rs. 500 per appearance and travel expenses.
(3) If any matter related to the NMRO or his staff comes, the plaintiff can write a complaint about his case to the members of the Grand Jury. If Grand Jury finds the case baseless, it can dismiss the complaint, or order the formation of a new jury board of citizens aged between 30 and 55 years to hear the case. The following rules will be followed in the formation of the Jury Board:
- The complaint will be lodged in the district where the property is located or the citizen resides. If citizens or lease holders or officers want to transfer the case to another district located in the same state, they can obtain an order from the State Jury Administrator or the State High Court. If the parties want to transfer the case out of state, they can obtain an order from the National Jury Administrator or the Supreme Court.
- For each dispute in the district, the District Jury Administrator will select (randomly) 3 to 10 graduates in mathematics, science or engineering from the lottery, from a prepared list of graduates to assist in the case. The selected engineers should be between 30 years to 55 years of age and have 5 years of work experience.
- The District Jury Administrator shall elect the voters aged between 30 and 55 years who have neither appeared in a jury in the last 5 years and have not previously been convicted of any crime, by lottery from the voter list of the district.
- The number of jurors will start from a minimum of 12 to 50, 200, 500 and a maximum of 1500. The size of the jury will depend on the position and status of the accused employee.
- If the amount of the dispute is less than Rs. 10 lakhs, the jury size will be 12, and one jury member will be increased for every Rs. 10 lakhs.
- If the complaint includes a complaint against an officer with an amount, the size of the jury will be determined according to point (4) or (5) above, whichever is higher.
- Jury members shall be selected from the districts where the district courts are connected to the district court hearing through videoconferencing. If such district is not connected to any other district through video conferencing, all the jury members will be from the district where the case has been registered. Jury members will listen to both parties for 1–1 hours. The hearing will end after more than 65% of the jury members say they have heard enough.
- If 75% or more of the jurors decide to expel the accused employee or fine, the NMRO may expel the employee or collect rent from him, or the royalty officer may not do so. If the complainant feels that the royalty officer has not complied with the decision of the jurors properly, then he can demand from the voters of India to agree to expel him by using the Vote Vapsi procedure given in section 20.
17. Eligibility criteria for the post of NMRO and Jury Administrator
(1) For NMRO and National Jury Administrator :
Any citizen of India who is more than 35 years of age can apply for the post of National Mineral Royalty Officer or National Jury Administrator.
(2) For Jury Administrator:
Any citizen of India who is more than 30 years of age can apply for the post of District and State Jury Administrator.
(18) If any citizen of the eligibility criteria given in Section 17 submits an affidavit to the District Collector Office either himself or through a lawyer, then the District Collector will submit the affidavit and will scan it to put it on PM’s website for a fee equal to the amount to be deposited in the election of the MP.
19. Voter registering YES to support candidates
(1) Any citizen can go to Patwari office with his DhanVapsi Passbook on any day and register YES in support of the candidate for the post of NMRO, District Jury Administrator, State, and National Jury Administrator. Patwari will enter the voter's YES in his computer and DhanVapsi passbook. Patwari will put the voters' YES along with the names of the candidates and the voter's ID number on the district's website. A voter can give opinion for a maximum of 5 persons of his choice from among candidates for a post.
(2) The voter will pay Rs. 3 fee for registering acceptance (YES). The fee for BPL card holder will be Re. 1.
(3) If a voter comes to cancel his opinion, Patwari will cancel one or more names without any fee.
(4) On the 5th of each month, the Collector will publish a count of the YES received by each of the candidates received in the previous month. Patwari will perform this demonstration of the opinion (YES) of his area every Monday. The opinion for the NMRO and National Jury Administrator will also be demonstrated by the Cabinet Secretary on the 5th of each month.
[ Comment : Collectors can create such a system that voters can register their opinion through SMS, ATM and mobile app.
Range Voting — The Prime Minister or the Chief Minister can create such a system that voters can score between -100 to 100 points to a candidate. If the voter only registers YES, it will be considered equal to 100. If the voter does not register his opinion, it will be considered as zero. But if the voter gives points then only the marks given by him will be valid. This range voting process is superior to giving only YES/NO system, and provides immunity from Arrow's Useless Impossibility Theorem. ]
20. Appointment and removal of NMRO and Jury Administrator
(1) For NMRO and National Jury Administrator :
If a candidate receives more than 35% of the YES of all the voters (all voters, not only those who have given opinion) in the voter list of the country. And if these YES are also 1% more than the incumbent officer, then the Prime Minister can remove the incumbent officer and appoint the candidate with the highest approval to the relevant post, or PM may resign from his/her post. The final decision on the appointment will be made by the Prime Minister.
(2) For the State Jury Administrator :
If more than 35% of all the voters in the state's voter list register YES in favor of a candidate and if this number of approvals is also 1% more than the incumbent, then the NMRO may appoint that person to the post of State Jury Administrator.
(3) For District Jury Administrator :
If more than 35% of all the voters in the voter list of the district register YES in favor of a candidate and if this number is also 1% more than the incumbent, then the NMRO may appoint that person to the post of District Jury Administrator.
21. Citizen's Voice
(1) If any voter wants any change in this law then he will be able to submit an affidavit for this in the Collector's office. The district collector will scan and put the affidavit to the Chief Minister's website along with the voter ID number of the voter at a fee of Rs. 20 per page.
(2) If any voter wants to register his approval on an affidavit submitted under Section 21.1, he may register his Yes/No by paying a fee of Rs. 3 in the Patwari office. Patwari will register it and put Yes/ No along with voter's voter ID on the Chief Minister's website.
[ Comment : 4 years after the enactment of this law, if there is a positive and decisive change in the system, then any citizen can submit an affidavit under section 21 of this law, in which those activists will be given a reasonable reward as a consolation who have made efforts to implement this law. If an activist is not alive then the reward will be given to his / her nominee. This consideration may be in the form of a memento / citation etc. or some other form. If 51% of the citizens of the state register YES on this affidavit, then the Prime Minister / Chief Minister can, or may not, issue orders to implement it. ]
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